Making Open Strategic Autonomy work - European Trade in a Geopolitical World
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Table of Contents Foreword3 Introduction5 Executive summary 6 Global value chains that meet Europe’s needs 9 New opportunities from the Transatlantic alliance 23 Finding a positive way forward in the China relationship 35 Annex: Tracking progress on trade 47
Foreword Since 1945, liberal democracy combined with an open market economy has proved to be a successful way to organise society. Through free trade and the invisible hand of the market, social benefits and public goods have been delivered widely and globally to an increasing part of the population. Globalisation has been the force that wove came out as the most disruptive risk, two- economies together, emboldened by the parallel thirds of the ERT Members stated that their advance of the internet and digital technologies. companies are adjusting their supply chains Free trade and open markets have been tested on either a temporary or permanent basis, at several moments: the 1997 Asian financial to adapt to this changing environment. crisis, the 9/11 events, and the 2008 global financial crisis to name a few. And even though ERT firmly believes that businesses are the market economy took a hit in the wake of the best placed to manage their own supply 2008 crisis, globalisation nevertheless remained chains. Diversification and flexibility driven an important driver of business and industry. by industry itself would make supply chains more resilient. Policies to enforce stockpiling The recent COVID-19 pandemic has or reshoring are only justified in specific and dramatically highlighted existing supply exceptional circumstances. This is especially chain dependencies, such as Asia being the important now, as the green and digital biggest source of basic personal protective transitions are an intercontinental race the equipment. Despite the challenges, companies EU is running in a spirit of both partnership adjusted strategies quite swiftly and global and competition. Being successful in this supply chains broadly demonstrated a high race requires that European industry be as degree of resilience. Globalisation showed once adaptive and competitive as possible. again that it can adapt to external shocks. Our aim with this publication is to provide The consequences of the pandemic have analysis that communicates the outlook and prompted analysis and debate on how ambitions of the leaders of some of Europe’s globalisation can be improved. The scarcity of biggest global companies on this vital certain commodities and raw materials is now topic of international trade. It is comprised playing out in the markets. The recent gridlock of three sections that underpin European in the Suez Canal provides another reminder of trade: Global value chains and resilience; vulnerabilities in global supply chains. Therefore, Transatlantic relations; and the EU-China it is no surprise that conversations about relationship. Each of these sections provides reshoring are gaining momentum and volume. recommendations which could hopefully Nevertheless, faith in the resilience of supply guide and inform the current debate on the chains and globalisation remains strong most pressing trade issues of our time. among business leaders. In the most recent edition of The Conference Board’s semi- Jacob Wallenberg annual surveys of the CEO’s & Chairs in ERT, Chair, Investor AB while shortage of supplies and trade tensions Chair, ERT Committee on Trade & Market Access 3
Making Open Strategic Autonomy work – European Trade in a Geopolitical World Introduction The geopolitical, economic and social context for European trade policy is changing rapidly. Emerging new technologies present us with great opportunities, as do the green and digital transitions. But European industry also faces the twin challenges of competing globally on a playing field that is increasingly uneven and in an environment that risks becoming hostile to globalisation. The way in which we navigate through this This report does not attempt to cover all uncertain environment will be critical, not only aspects of Europe’s trade or industrial policies, for European jobs and growth in the industries but only those that are directly relevant to the of tomorrow, but for Europe’s ability to act themes described above. More detail on the independently and to exert influence globally. ERT’s views on trade policy can be found in the Expert Paper on the EU’s trade policy review This report assesses these challenges and which ERT published in November 2020.1 identifies the priorities for policymakers if we are to rise to meet them. As in all areas of policy, successful implementation is essential, and it is outcomes It does so through the prism of three that ultimately matter most. For that reason, developments of global significance which in an annex to this report, we also set out are now recasting the realms of the possible ideas for how progress on European trade and the desirable for trade policy – the policy should be assessed. This draws on pandemic and the stresses placed on global ERT’s proposal from November 2020 for a supply chains, political changes in the US, balanced scorecard of indicators to track the and tensions in the EU-China relationship. performance of the EU’s industrial strategy. 2 Throughout this report, our recommendations are intended to help policymakers as they work with industry to find new opportunities by levelling the playing field, by bolstering globalisation, and by addressing the genuine concerns that many people have about some of globalisation’s consequences. 1 ERT Expert Paper on “The EU’s trade policy review”, November 2020 https://ert.eu/wp-content/uploads/2021/01/ERT-Expert-Paper-the-EUs-Trade-Policy-Review_Nov2020.pdf 2 ERT Paper on “Putting the EU Industrial Strategy into action”, November 2020 https://ert.eu/wp-content/uploads/2020/11/ERT-Publication-Putting-the-EU-Industrial-Strategy-into-action_Nov-2020.pdf 5
ERT Trade Report 2021 Executive Summary Being open to trade is a source of strength, not weakness. It allows the EU to build, expand and preserve the strong global value chains that are essential for competitiveness, and growth. It allows diversification and flexibility in supply chains, making them more resilient. And it creates mutual dependencies that encourage international cooperation between the major economies. The EU’s trade and industrial policies should Innovation helps to strengthen value chains seek to strengthen the global value chains of and the EU should seek a better enabling European firms by increasing openness, building environment for innovation through capabilities, and ensuring a level playing field stronger protection of intellectual property for competition, both in Europe and globally. internationally. The incentives created by IP rights have for example also contributed Global value chains that to the rapid development of vaccines. meet Europe’s needs To improve resilience, it is essential that Resilience begins at home and so the EU the EU invests in developing strategic should further strengthen the Single Market trade and investment relationships with to support diversification and flexibility in like-minded partners, including the supply chains. This means removing regulatory US. The EU also needs a comprehensive frictions that restrict intra-EU trade and make economic and regulatory diplomacy strategy it harder to source flexibly. As part of this, the to help enhance supply chain flexibility. EU should reinvigorate the Single Market standardisation process in close cooperation In its trade policy, the EU should promote with industry and standardisation bodies. internationally agreed rules and standards for international investment protection, to To ensure that supply chains are resilient prevent companies from suffering from unfair the EU needs a clear definition of critical practices or discrimination by the host state. goods and a precise approach to applying the concept of open strategic autonomy. New opportunities from the Critical goods should mean those for which transatlantic alliance supply disruptions could potentially undermine the ability of policymakers to meet core The EU and US acting together can build public policy objectives – such as national a stronger transatlantic economy, shape security, public health, and fair competition standards globally based on transparency – and which would, consequently, materially and our shared values, and strengthen impact the lives of European citizens. multilateral institutions and the rules-based system. The new EU-US Trade and Technology Businesses are best placed to manage Council will provide a dedicated platform for their own supply chains. Targeted cooperation on trade policy and related areas. interventions to support the resilience of supply chains for critical goods should be This platform should have a broad agenda that the exception, not the rule. As such, the includes regulatory cooperation. Some of the default setting for the policy of open strategic most promising areas for collaboration are in autonomy should be openness. The EU should new technologies, both to build transatlantic encourage international diversification to capabilities and to set standards internationally. support this. Policies to encourage inventory The priorities include artificial intelligence, accumulation or reshoring are only justified IoT, platforms, 5G, and cybersecurity. in specific, exceptional circumstances. 6
Making Open Strategic Autonomy work – European Trade in a Geopolitical World Businesses are best placed to manage their own supply chains. The default The EU and US should To support this, the EU aim to build a common setting for the policy should establish a dedicated transatlantic digital of open strategic China unit in the European economy. As part of this, autonomy should be Commission to bring they should work together urgency and coherence to and with others to enhance openness the management of the the free, cross border flow of relationship. The new unit data. As a matter of urgency, they should agree should engage with industry on China policy. a new transatlantic framework for data transfer. There should always be a business element to EU-China negotiations and summits as well. To level the playing field for business globally, the EU and US should work together on a The EU must address barriers to market access package of WTO reforms. They should identify in China, including non-tariff barriers such as and counter unfair trade practices used by non- discriminatory licensing, further reductions in the market economies. And they should drive efforts negative list for investment, encouraging China to level up ESG standards globally, working to join the WTO’s Agreement on Government through multilateral bodies where possible. Procurement, and protections for IP. In this and other areas, the EU and US should The EU must also equip itself with the right enter dialogue with business on priorities. tools to challenge unfair competition from ERT and our US counterpart the Business China. This includes making full use of existing Roundtable (BRT) offer our full support. tools such as antidumping and countervailing duties, while adopting the proposed new To establish momentum, the EU and US instrument to level the playing field with require early successes that resonate foreign firms that benefit from subsidies. with citizens. The trade dimension to COP26 provides an immediate opportunity, The EU and China should address concerns where the priority should be to encourage about the Comprehensive Agreement the wider adoption of carbon pricing and on Investment, including the scope and a common approach to carbon leakage. enforceability of labour and environmental commitments. They should ratify the agreement Finding a positive way forward when the political conditions allow as this will in the China relationship bring immediate commercial opportunities The EU-China economic relationship is and help to rebalance the relationship. critically important for European industry, Trade policy is an important tool for realising jobs, and growth. It is also one of the most European climate ambitions and achieving complex and challenging relationships. climate neutrality by 2050. The EU’s dialogue It is essential that European policymakers with other stakeholders, including China and political leaders face up to the and the US, should identify opportunities challenges, while remaining focused on for cutting emissions while building a more Europe’s long-run interests. That means sustainable, competitive economy. making steady but visible progress on the As a practical step towards this, an immediate core task of rebalancing the economic priority for the EU and China should be relationship, both through increasing access to collaborate to develop and promote on fair terms for European firms in China and multilateral carbon accounting standards and in ensuring that Chinese firms compete on share expertise on plans to cap emissions, on fair terms in the Single Market and globally. emissions trading, and on green finance. 7
Global value chains that meet Europe’s needs In a globally integrated economy, building strong global value chains3 is essential for the competitiveness of European industry and for jobs and growth in the European economy. Supply chain resilience is a critical part of this. Resilience begins at home, in the European Union, with an integrated and flexible Single Market. Being open to trade is a strength, both because it allows diversification and flexibility and because it creates mutual dependencies that encourage international cooperation. The EU’s trade and industrial policies – along with the EU’s approach to implementation of the concept of open strategic autonomy – should seek to strengthen the global value chains of European firms by building capabilities, supporting innovation, increasing openness, and ensuring a level playing field for competition, both in Europe and globally. 3 In this report, we adopt the definitions used by the OECD for global value chains and supply chains. Accordingly, global value chains refer to “the full range of firms’ activities, from the conception of a product to its end use and beyond… it includes activities such as design, production, marketing, distribution and support to the final customer”. Global supply chains refer to a narrower range of activities, namely focused on the operational process of producing and distributing a good or service, rather than the value-adding activities.
ERT Trade Report 2021 Understanding supply chain resilience In the wake of COVID-19, a consensus has Strategies to build resilience do not require a emerged that the resilience of supply chains wholesale rethink of current models, which needs to be strengthened, but differences have proven remarkably resilient throughout remain over how this should be done. Supply the pandemic. European supply chains adapted chains must be able to withstand and recover quickly as soon as they came under pressure from external shocks of all kinds, ranging from and in many cases performed well during this pandemics to cyber-attacks and to extreme historic ‘stress test’. When internal EU trade fell climate events. Supply chains also need to be in March and April 2020 – as some countries put resilient to isolated, unforeseen events, such up barriers to exports – the gap was quickly filled as the blockage to the Suez Canal in March by global supply chains that drew in imports 2021, which disrupted international trade from outside of the EU. 5 It was openness to estimated to be worth $10 billion per day.4 external trade that allowed the EU to meet the surge in demand for many essential products. Strategies to build resilience should not focus on preparing for the last crisis or any The capacity to innovate also enabled one specific threat, but on enabling supply European manufacturers to respond quickly chains to adapt quickly to disruptions or to new challenges. Many companies completely spikes in demand. We do not know what the reworked their manufacturing facilities to next crisis will look like. While the COVID-19 produce ventilators and other vital equipment in pandemic sparked a surge in demand for record time. At the height of the first wave of the personal protective equipment, ventilators and pandemic, the number of European companies vaccines, future crises may see a rapid increase in producing face masks increased from 12 to 500 demand for a different set of goods or services. in less than two months.6 This flexibility and Given this uncertainty, policymakers should agility of European supply chains – enabled work with industry to support versatility, to by the capacity of companies to innovate in enable companies to manage agile and flexible response to new challenges – revealed itself supply chains that are resilient in times of crisis. as a cornerstone of European resilience. Extra-EU manufacturing imports grew at the start of the pandemic EUR billion Intra-EU imports Extra-EU imports 40 35 30 25 20 15 10 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Source: Eurostat. Link: https://appsso.eurostat.ec.europa.eu/nui/submitViewTableAction.do 4 Financial Times, March 2021 https://www.ft.com/content/7afcdae6-b116-424f-bd1c-08e6bbdf6b77 5 ECIPE Paper on “Covid-19 and the Danger of Self-sufficiency”, March 2021 https://ecipe.org/publications/covid-19-and-self-sufficiency/ 6 ECIPE Paper on “Covid-19 and the Danger of Self-sufficiency”, March 2021 https://ecipe.org/publications/covid-19-and-self-sufficiency/ 10
Making Open Strategic Autonomy work – European Trade in a Geopolitical World Extra-EU imports of COVID-19 products filled the gaps when intra-EU imports fell in 2020 EUR billion Intra-EU imports Extra-EU imports 6 Some EU countries Shortages were filled banned exports of by imports from COVID-19 products outside the EU 5 4 3 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Source: Eurostat. Link: https://ecipe.org/wp-content/uploads/2021/02/ECI_21_PolicyBrief_02_2021_LY02.pdf European countries account for a large share of trade in COVID-19 related goods Share of global exports/imports of COVID-19 related goods, 2018 20% Share in global exports Share in global imports 16% 12% 8% 4% 0% US Germany Netherlands China Belgium UK Italy France Japan Switzerland Spain Canada Singapore India Poland Source: OECD. Link: https://www.oecd.org/coronavirus/policy-responses/trade-interdependencies-in-covid-19-goods-79aaa1d6/ 11
ERT Trade Report 2021 What this experience underlines is the Supportive policies are, however, needed importance of individual companies being to help companies build and maintain free to decide on their own supply chain resilient supply chains. Industry has strong architecture. Managing global value chains is incentives to internalise and manage risks to complex, as supply chain needs vary by industry supply chains. But these firm-level strategies and by product. The average tier 1 company has must be matched by an enabling trade more than 5,000 suppliers globally.7 Industry policy. In practice, this means creating a is best placed to decide which strategies will level playing field for competition at home be most effective at reducing dependencies and abroad, with EU innovation protected and building the resilience of specific supply by world-class IP regimes, and by allowing chains. Getting it right is important not only companies to restructure supply chains as for resilience, but also for competitiveness. Box 1: Open strategic autonomy and supply chains The European Commission observes in its trade policy Critical goods review that “open strategic autonomy” is about “the EU’s ability to make its own choices and shape the ERT recognises that policymakers have a world around it through leadership and engagement, responsibility to work with industry to ensure reflecting its strategic interests and values”. the supply of critical goods. In this context, we define critical goods to mean those for which The concept combines two European policy supply disruptions could potentially undermine imperatives. The first is the principle of being the ability of policymakers to meet core public open to trade, investment, the exchange of ideas, policy objectives and which would, consequently, and the movement of people, while working materially impact on the lives of European citizens. together with international partners for our mutual benefit. The other is the recognition that in certain ERT believes the focus should be on core objectives circumstances, dependencies can potentially create rather than core interests, as this provides a strategic vulnerabilities that must be managed more specific and tighter test before a policy in the public interest. The aim is an EU that can intervention potentially becomes justified. act in the world rather than being acted upon. These core policy objectives include areas such as The concept of open strategic autonomy is broad national security, public health, and fair competition. and has been described by the Commission as a Certain components like semi-conductors or “mind-set for decision makers”. However, if it is to technologies are essential for national security. have a positive impact on behaviours and outcomes, Life-saving medical products or elements in their without the risk of unintended consequences, it supply chains, such as active pharmaceutical must also be deployed with precision and in the ingredients, are essential for public health. And circumstances where it matters most. It is especially some inputs like the rare metals required in battery important that it does not lead to protectionism or manufacturing and the production of electric inadvertently undermine European competitiveness. vehicles are essential for fair competition. In this section, we propose how the concept should Critical goods may be final goods, intermediate goods, be applied to the global supply chains of European or raw materials. If supply chains for critical goods are firms. Importantly, the approach outlined below not resilient, there is a risk that policymakers will fail should not preclude a facts-based, proportionate, to meet core public policy objectives, such as those and targeted industrial policy, which addresses described above. Moreover, if these supply chains are strategic dependencies and strengthens EU controlled by unfriendly or rival states, there is a risk capacities in critical technologies and services. that European dependence on them will be exploited. In these circumstance, open strategic autonomy 7 McKinsey, March 2021 https://www.mckinsey.com/industries/public-and-social-sector/our-insights/effectively-implementing-president-bidens-supply-chain-review 12
Making Open Strategic Autonomy work – European Trade in a Geopolitical World and when this is needed, free from redundant in how this is interpreted. The more recent regulatory barriers and arbitrary tariff costs. industrial strategy update puts the emphasis on strategic dependencies and how these Open strategic autonomy in practice have the potential to impact on the EU’s core The concept of open strategic autonomy interests, but does not provide clear definitions requires clarity if it is to be operational. The either.8 ERT welcomes the EU’s efforts to address focus of the European Commission’s trade strategic dependencies in areas such as health, policy is on strengthening Europe’s position in security, or the digital economy. Ambiguity the world through a strategic approach and it in the concept of open strategic autonomy describes open strategic autonomy as a mind- creates uncertainty. It is important to avoid set for policymakers, leaving scope for flexibility this for trade policy and for businesses that are already operating in a complex environment. must inevitably place additional responsibilities on Figure 7 provides a decision tree to guide policymakers to collaborate with businesses to ensure policymakers. It illustrates how, in many or most resilient supply chains for these critical goods. cases, openness to trade or investment and forging partnerships with other countries will be important. Putting open strategic autonomy into practice Practical considerations There are potentially several ways in which the resilience of supply chains can be enhanced. In It is essential that the implementation of the most cases little or no intervention will be required. policy of open strategic autonomy is pursued with But in some circumstances a more concerted transparency, so that all stakeholders can be confident effort will be needed. In some cases, efforts to that the focus is in the right areas and that the improve resilience may have an immediate effect, appropriate criteria and approaches are being used. It while in others it may take time. It is essential that is also essential that policy interventions are targeted, the approach is carefully designed and calibrated proportionate, and based on a factual assessment, to match the form and scale of the risk. as argued in the industrial strategy update. As part of this, dialogue between the private and public sectors The default setting for the policy of open is required and ERT welcomes the commitment by the strategic autonomy should be openness. In Commission in the industrial strategy update to work most circumstances, being open strengthens in close collaboration with the relevant stakeholders. the resilience of supply chains, while bringing considerable benefits to European consumers As noted above, in some circumstances there is a and boosting the competitiveness of European risk that European dependence on supply chains for companies, which is essential for jobs and for critical goods controlled by unfriendly or rival states. growth of the European economy. The threshold In these circumstances, a bias towards actions that for taking a different approach should be high and are likely to have a more immediate impact on the only apply in carefully defined circumstances. resilience of supply chains may be warranted. Moreover, there are potentially several ways to In those circumstances where the increasing domestic strengthen the resilience of supply chains, ranging production is the right approach, it is essential from finding substitutes, encouraging diversification, that policymakers provide incentives to encourage forging strategic relationships with suppliers, investments that build this capacity, without resorting stockpiling, or encouraging domestic production. to excessive regulations or an overly bureaucratic The best approach – or combination of approaches approach that seeks to enforce onshoring. – will depend on the specific circumstances. 8 European Commission Communication on “Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery”, May 2021 https://ec.europa.eu/info/sites/default/files/communication-new-industrial-strategy.pdf 13
ERT Trade Report 2021 Decision tree on open strategic autonomy and the supply of critical goods The default setting for open strategic autonomy should be openness. Is this a critical good without which core public policy objectives could Yes No be undermined and European citizens’ lives would be materially impacted? No intervention Is the supply necessary in chain characterised supply chains. by concentration or scarcity of supply (e.g. critical goods are sourced from a Yes No single supplier or geographical location) which makes it vulnerable to production disruption in times of No crisis? intervention necessary in Are there supply chains. potential Yes substitutes No available for the critical goods? Pursue a Could Europe resilience strategy feasibly foster that emphasises the diversification and a pillar of domestic flexibility of value chains, production in this area? potentially complemented Yes No Specifically, does Europe by building strategic have the right geographical, relationships environmental, and (e.g. EU-Canada Strategic Partnership on Raw economic conditions? Materials). Pursue a resilience strategy that encourages domestic production. This could Pursue a resilience strategy include introducing targeted that emphasises stockpiling incentives to bolster domestic or maintaining a strategic production and/or broader reserve of the critical good, measures to improve the where this is feasible. environment for domestic production on a sustainable basis. 14
Making Open Strategic Autonomy work – European Trade in a Geopolitical World A sharper and more operational definition Resilience and the Single Market of open strategic autonomy is required if it is to help guide trade policy. Box 1 proposes a Building resilience must start at home and definition of critical goods and how the concept the unincumbered functioning of the Single of open strategic autonomy should be applied Market is essential for value chain resilience. to ensure their security of supply. We explain To support this, the EU should continue to the rationale for this in more depth below. make progress in the standardisation and ERT’s approach is consistent in many ways with harmonisation of rules in the Single Market. the EU’s approach, as set out in the industrial Internal fragmentation and regulatory barriers strategy update, while clarifying how the concept inhibit companies from sourcing flexibly in should be defined and deployed in practice. the EU. ERT welcomes the commitment in the industrial strategy update to present a Open strategic autonomy should mean strategy on standardisation that will both strengthening Europe’s position through bolster the Single Market and increase the openness in all circumstances and strategic EU’s influence over global standards. autonomy where necessary. Support for an open and fair rules-based trading system The need for deeper integration in the Single that creates a competitive level playing field Market is particularly strong in the energy for EU firms at home and abroad must be the and digital sectors. It is crucial to ensure the guiding principle that anchors EU trade policy. interoperability of supply chains. Even though A reformed WTO and a stronger multilateral some barriers are less visible to policymakers system are essential for this. The concept of open or not of immediate concern to public opinion, strategic autonomy must not undermine global every obstacle to the freedom of movement of trade and investment as this would weaken the people, goods, services, or capital constitutes global value chains established by European a barrier to the flexibility that is required for firms and damage European competitiveness. companies to act quickly during a crisis. Foreign value added is essential for export competitiveness Foreign value added as a % of gross exports in 2016 (most recent year data available) 30% 25% 20% 15% 10% 5% 0% Korea Netherlands Poland Switzerland France Italy India UK EU-28 Japan Russia Spain Canada Germany China Turkey Brazil US Source: OECD. Note: Foreign value added for the EU-28 is extra-EU only. Link: https://stats.oecd.org/OECDStat_Metadata/ ShowMetadata.ashx?Dataset=TIVA_2018_C1&Coords=%5bVAR%5d.%5bEXGR_FVA%5d&ShowOnWeb=true&Lang=en 15
ERT Trade Report 2021 Continuing support for industrial alliances capabilities, such as the industrial alliances and Important Projects of Common and IPCEIs, must therefore take a long-term European Interest (IPCEIs) in the industrial vision of enhancing Europe’s competitiveness strategy update are important. The industrial through targeted and sustainable strategies. strategy has a role to play in boosting Europe’s domestic capabilities, particularly when Resilience through diversification sufficient resilience in supply chains for critical and partnerships goods cannot be built through other means, The main guiding principles for building as shown in Box 1. Industrial alliances on raw resilience of global supply chains should be materials, batteries and hydrogen are good diversification and flexibility. The ability to examples of this. The forthcoming alliances rely on an adequate number of geographically on microelectronics and communication diversified supply partners strengthens technologies, as well as industrial data, edge, and the resilience of supply chains. Globalised cloud, are welcome. The IPCEI instrument also production enables economies to replace has the potential to boost European innovation imports from one country with imports from and competitiveness, and IPCEIs should build another if supply is disrupted during a crisis. on industrial alliances where possible.9 To support diversification, the EU should Resilience and competitiveness are two continue to foster strategic partnerships sides of the same coin. Building resilience to create the widest possible range of is not just about reducing Europe’s strategic options for European companies. This means dependencies, but about fostering mutual strengthening existing ties with key trading dependencies between trading partners. This partners. It also means strengthening or can be a natural consequence of increasing building new ties with other countries to create the competitiveness of European industries the widest possible range of supply options in the long run. Initiatives to boost European across multiple geographies and jurisdictions. Shortage of supplies is the biggest risk of disruption for companies led by Members of ERT over the next six months % of survey responses Highly disruptive Mildly disruptive Not very disruptive Shortage of supplies (e.g. rare earth, chips) 40% 20% 40% Tight transport capacity 32% 25% 43% Trade tensions 32% 28% 40% COVID-19-related demand restrictions 27% 31% 42% Transport costs 23% 21% 56% Cybersecurity 19% 47% 34% Currency volatility 13% 45% 42% Energy costs 10% 40% 50% Brexit 9% 19% 72% Weak cashflow 4% 8% 88% 0% 20% 40% 60% 80% 100% Source: The Conference Board & ERT. Note: Response to the question “To what extent do you expect any of the following issues to be disruptive to your business over the next 6 months?” Responses grouped as follows: “Not very disruptive” if an issue was rated ‘1’ or ‘2’, “Mildly disruptive” if respondents picked ‘3’, and “Highly disruptive” if rated ‘4’ or ‘5’. Survey published in May 2021. 9 For more information on ERT’s views on industrial policy and digital policy, see ERT Papers on “Turning Global Challenges into Opportunities”, December 2019 https://ert.eu/documents/turning-global-challenges-into-opportunities/ and “Mapping a New World with the EU Digital Compass”, May 2021 https://ert.eu/documents/digitalcompass/ 16
Making Open Strategic Autonomy work – European Trade in a Geopolitical World Strategic partnerships can be pursued The limits of reshoring through formal treaties or by more informal means. Treaty-based structures include free Open strategic autonomy must not trade agreements and bilateral investment undermine the global value chain model treaties, which should continue to promote or lead to enforced reshoring. While the European values and high standards in areas importance of diversity and openness are such as the environment and labour rights. More acknowledged in the trade policy review and informal channels include regulatory dialogues the industrial strategy update, the review that makes it easier to access markets and to of strategic dependencies should not lead diversify suppliers. The EU is improving its ability to either reshoring or nearshoring playing to track non-tariff barriers faced by EU exporters an excessive role in building resilience.11 and the Commission’s Access2Markets database Reshoring or nearshoring could lead to should be used to inform the EU’s priorities for the geographical concentration of supply its economic diplomacy with key partners.10 chains and there is little evidence that this Improvements in the breadth and quality makes countries more resilient. In fact, of relationships should also be pursued at studies show that this increases the likelihood a multilateral level, including at the WTO. of a bigger economic contraction during a The EU should champion initiatives such as crisis, by replacing reliance on imports with international protocols to avoid beggar-thy- dependence on a smaller range of domestic neighbour policies in times of crisis, including producers.12 For these reasons, enforced export bans. The EU should avoid such policies reshoring and nearshoring should play a limited itself as it undermines trust in the EU as a trading role and only in exceptional circumstances. partner and could limit Europe’s ability to foster long-term, constructive strategic relationships. Most companies led by Members of ERT are reorganising their supply chains, either temporarily or permanently Have you changed your company’s supply chain due to the pandemic? No, we are not making any 18% changes to our supplier base Yes, we are making/have made 37% temporary changes to our supplier base Yes, we are making/have made permanent changes to our supplier base 20% Yes, we are making/have made temporary and permanent changes to our supplier base 25% Source: The Conference Board & ERT. Note: Survey published in May 2021. 10 See https://trade.ec.europa.eu/access-to-markets/en/content/welcome-access2markets-market-access-database-users 11 See https://ec.europa.eu/info/sites/default/files/strategic-dependencies-capacities.pdf 12 NBER Working Paper on “Global Supply Chains in the Pandemic”, May 2020 https://www.nber.org/system/files/working_papers/w27224/w27224.pdf 17
ERT Trade Report 2021 Organic reshoring of production and jobs is new production facilities and maintaining often a natural, market-driven consequence open and secure supply chains.13 of Europe being an attractive location and government policies can be supportive of Europe should continue to foster strong this. The emphasis should be on using the enabling environments for innovation, which full range of policy tools, including industrial help technology transfer and incentivise policy, to build capabilities and capacity in investments in new technologies. IP rights certain industries, such as the digital sector. allow companies to share knowledge and Rather than being protectionist, trade policy technologies without fear of competitors should help foster an innovation-friendly using this to their disadvantage. In regard to environment through guaranteeing a level vaccines, IP protection has encouraged over playing field, tackling unfair competition, 200 technology transfer deals that involve and protecting intellectual property rights. companies sharing know-how of processes and technologies.14 The issue extends beyond The importance of innovation vaccines and applies to all areas of European innovation. We do not know what the Strong intellectual property (IP) frameworks next crisis will look like – but we can be protect and incentivise European innovation sure that innovation will be needed to and support resilience. Innovative commercial overcome future challenges and allow ventures often involve taking risks and significant supply chains to adapt fast and flexibly. up-front investment. IP rights allow industry to recoup these investments and to continue The role of transparency investing in research and development. The incentives created by IP rights contributed Transparency can help businesses and to the exceptionally rapid development of governments to identify and manage supply vaccines and form the bedrock of a pro- chain risks and thereby build trust and innovation environment that enhances European public support for global supply chains. More competitiveness. They also increase the capacity transparency may be needed, but this must be of European companies to adapt to new done in a way that is flexible and which does not challenges during a crisis, providing certainty inhibit companies from adapting their supply that successful innovation will be rewarded. chains to changing commercial circumstances. It should be proportionate and avoid being The IP waiver proposed by some countries for prescriptive, to avoid imposing unnecessary COVID-19 vaccines threatens to undermine costs on business. It must also recognise and European innovation and the resilience respect commercial sensitivities regarding the of supply chains. Waiving IP protection for disclosure of confidential supplier information. vaccines would not solve the current challenge of scaling up manufacturing to meet global The proposed supply chain due diligence demand. Moreover, it could discourage legislation (see Box 2) is expected to increase innovation by undermining incentives to transparency requirements for human continue research into new variants, diagnostics, rights and environmental standards. Supply and future vaccines. The EU should continue to chains that comply with human rights and advance alternative solutions, such as investment environmental standards are less vulnerable in manufacturing facilities and capacity to some risks, such as accidents or labour building, especially in developing countries. In stoppages. While compliance may enhance this regard, ERT welcomes the establishment resilience, corporate reporting requirements of the joint EU-US COVID Manufacturing and should be designed in a way that is manageable Supply Chain Taskforce which will identify for all companies and does not stop supply and resolve issues around expanding vaccine chains adapting swiftly during a crisis. production capacity, including by building 13 See https://www.consilium.europa.eu/media/50443/eu-us-summit-joint-statement-15-june-final-final.pdf 14 IFPMA, April 2021 https://www.ifpma.org/resource-centre/covid-19-vaccine-industry-cautions-immediate-action-needed-to-remove- manufacturing-supply-barriers-to-meet-production-targets-and-keep-on-course-to-equitable-and-fair-access-to-covid-19-vaccines/ 18
Making Open Strategic Autonomy work – European Trade in a Geopolitical World The importance of services Strategies for building global supply chain A high level of digitalisation across business resilience should include supporting and operations may expose some supply strengthening critical services. Global value chains to cybersecurity risks. It is important chains depend on services – from internet that policymaking recognises the role that connectivity and telecommunications to digital infrastructure and services play in the logistics and supply chain management – to smooth functioning of supply chains. The risk facilitate trade in goods. A trade policy that of disruption should be mitigated through a supports trade in services and digital trade can range of policy actions, centred on efforts to strengthen the resilience of global value chains build a harmonised European framework for by improving production processes and logistics. cybersecurity and to foster closer regulatory cooperation with partners such as the US. Box 2: Corporate due diligence The concept of mandatory value chain due be designed in a way that is manageable for diligence has been gaining traction in the EU all companies, including SMEs, and does not under the Commission’s sustainable corporate inhibit companies from adapting their value governance initiative.14 ERT welcomes the chains to changing commercial circumstances. Commission’s commitment to propose The EU’s due diligence legislation should be mandatory due diligence legislation that aligned with the international standard of includes within its scope human rights and the UNGPs and the UN and ILO conventions the environment in relation to value chains. and the OECD Due Diligence Guidance for The creation of a harmonised legal framework Responsible Business Conduct. Companies across the EU should reduce legal uncertainty should demonstrate that they are taking for businesses, create a level playing field, and reasonable steps to prevent and address human provide more leverage with business partners rights and environmental impacts across their to deliver on human rights and environmental value chains. This should include the provision commitments throughout the value chain. It of a ‘safe harbour’ for businesses to disclose should encourage greater transparency and the issues and risks they face along their value underpin a longer-term change in corporate chain and to take action to mitigate and address culture, which will help increase public support them on the ground. Due diligence legislation for international trade and globalisation. should not inadvertently lead to situations where Many companies already demonstrate strong companies are held liable because they have leadership in advancing the Sustainable taken meaningful due diligence measures. Development Goals and are committed to Finally, constructive engagement with adhering to global standards in this field. and support to the authorities of third Mandatory due diligence requirements must countries where harms occur is important, be carefully designed to avoid constraining in order to ensure other states fully value chain agility during a crisis. Resilient respect their ‘duty to protect’ by effectively value chains are flexible and agile, and onerous implementing and enforcing relevant reporting requirements could undermine this. international laws and standards. Due diligence frameworks should therefore 15 See https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12548-Sustainable-corporate-governance 19
ERT Trade Report 2021 Extraterritorial measures The EU should develop a strategy to mitigate sometimes by the EU itself – can undermine the impact of extraterritorial measures, such supply chains. While sanctions can disrupt as sanctions or regulations, on the global supply routes, extraterritorial regulation can value chains of European firms. Extraterritorial also add complexity for firms by requiring measures – both imposed by third countries and them to comply with two sets of national and Main Recommendations on Global value chains 1. The EU should establish a clearly defined, the US, Canada, the UK, Japan, India, Mercosur, high threshold for introducing strategies that Africa, Australia, and New Zealand. The EU’s emphasise autonomy over openness and economic and regulatory diplomacy should seek diversification with regard to critical goods to avoid duplicative regulatory requirements or (see Box 1). Businesses are best able to manage product standard certification, and to minimise their own supply chains. Targeted interventions to regulatory frictions of all kinds that are faced support the resilience of supply chains for critical by companies when switching suppliers. The goods should be the exception, not the rule. Where focus should extend to services as well as goods. stockpiling is necessary, there should a fair sharing Greater harmonisation, equivalence, or mutual of the costs so that the burden is not passed to end recognition in critical industries could have a users. In circumstances where a greater capacity to material impact in improving supply chain flexibility. produce in Europe is necessary, incentives should 4. The EU should seek to reduce to zero tariffs for be provided to encourage this, and companies critical goods on a most favoured nation basis. should not be coerced into onshoring production. One of the consequences of preferential trade Such targeted strategies should only be used if agreements is incentivising the organisation of resilience cannot be achieved through other means. supply lines along margins of preferences that make 2. Resilience must begin at home and so the EU switching to suppliers outside the free trade zone should further strengthen the Single Market to artificially expensive. Sector-specific multilateral support diversification and flexibility in supply or plurilateral agreements under the WTO that chains. This means removing regulatory frictions liberalise tariffs on critical goods would therefore that restrict intra-EU trade and make it harder ensure that companies are not penalised by higher to source flexibly. The EU should reinvigorate the tariffs when they switch suppliers during a crisis. Single Market standardisation process in close 5. The EU should support innovation through cooperation with industry and standardisation stronger protection of intellectual property in bodies. Standardisation forms the cornerstone of the EU and in foreign markets. The incentives an innovative and dynamic European Single Market created by IP rights have contributed to the and provides a basis to improve the interoperability exceptionally rapid development of vaccines and of international markets and supply chains. Digital form the bedrock of a pro-innovation environment standards are a priority as they are essential for that enhances European competitiveness. Waiving the digital transition and will help to strengthen IP rules for vaccines would send the wrong signal the global value chains of European firms by to innovators and risks setting a dangerous improving production processes and logistics. precedent in this and other sectors. Strengthening 3. The EU should invest further in developing and enforcing IP regimes in third markets would strategic trade and investment relationships support other industrial policy objectives and with key partners. This will help European help to foster mutual dependencies that underpin companies to build resilience through the stability of the global trading system. diversification. Priorities include, among others, 20
Making Open Strategic Autonomy work – European Trade in a Geopolitical World extraterritorial regulations. To mitigate the in line with international law. The Commission impacts of sanctions on supply chain resilience, should also ensure European companies are the EU should develop proposals for an anti- properly consulted about the introduction of any coercion mechanism, which is intended to avoid new extraterritorial regulations, with sufficient undue pressure being put on European entities, time to adjust supply chains where necessary. 6. The EU should adopt a more agile procurement of the WTO must include re-establishing the process in times of crisis to allow supply to dispute settlement system, modernising WTO respond quickly to changes in demand or rules, and facilitating plurilateral negotiations, disruptions to supply. To a large extent, the such as updating the WTO pharmaceutical supply challenges during the pandemic stemmed agreement, expanding global participation in the from a lack of coordination between EU national information technology agreement, finalising authorities and lengthy standard certification the WTO e-commerce negotiations, and reviving processes. The EU should implement a more negotiations on trade in environmental goods. strategic public procurement framework based 9. Businesses should be transparent about on the Most Economically Advantageous Tender their supply chain risks. This helps connected (MEAT) concept to avoid tenders being awarded businesses to manage their own risks and so to based on the lowest price alone. Other factors to reduce systemic risks. Transparency is preferable to consider are whether goods are procured from more bureaucratic approaches, which could do more jurisdictions with high regulatory standards, to harm than good by reducing the efficiency of supply ensure that rapid procurement does not pose chains or by making it harder to adapt them quickly. risks for consumers or distort competition. Industry groups should consider how they could 7. The EU should work with the G7 and G20 to help firms to identify and follow best practice for improve the coordination of national responses transparency in supply chain risks, while recognising to future crises – including pandemics – and that the approach will need to be tailored to different avoid self-defeating protectionism. The pandemic sectors and the circumstances of individual firms. illustrated that protectionism can undermine 10. The EU should avoid or take steps to counter resilience. The G7 and G20 summits present the impact of extraterritorial measures on the an opportunity to agree new frameworks for value chains of European firms. Extraterritorial international cooperation including, for example, measures, both imposed by third countries and WHO-led efforts for a new international pandemic by the EU itself, can undermine value chains and prevention treaty and a new WTO trade and be a source of disruption to international trade. health initiative. These efforts should produce The envisaged anti-coercion legislation under clearer and tighter protocols for introducing trade the EU’s enforcement regulation could help to restrictions and common principles for procuring protect European companies from extraterritorial critical goods during a global emergency. measures by other countries. With regards 8. The EU should seek to strengthen the rules- to the EU’s own extraterritoriality, European based multilateral trading system through companies should be properly consulted about WTO reform, as this allows businesses to proposed new measures with sufficient time to diversify their supply chains across the widest adjust their supply chains where necessary. possible range of countries. The WTO is the backbone of the global trading system and a guarantor for stability in trade relations. Reform 21
New opportunities from the Transatlantic alliance The EU and the US acting together can build a stronger transatlantic economy, shape standards globally, and strengthen multilateral institutions and the global rules-based system. There is a close alignment between EU and US values and interests in many aspects of trade policy and in related areas, creating a strong potential for bilateral cooperation. The EU and US should resolve bilateral disputes, such as Boeing-Airbus and the additional tariffs imposed on steel and aluminium, while forging a positive agenda for collaboration. The trade dimension to COP26 provides an immediate opportunity, where the priority should be to encourage the wider adoption of carbon pricing and a common approach to carbon leakage. Some of the most promising areas for collaboration are in new technologies, both to build transatlantic capabilities and to set standards globally. The EU and US should seek to build a common transatlantic digital economy. In this and other areas the EU and US should enter dialogue with business – including ERT and the US Business Roundtable (BRT) – on priorities.
ERT Trade Report 2021 Creating a Transatlantic digital economy The EU and US should aim to build a common large tech companies, and encourage EU-US transatlantic digital economy, starting with cooperation on AI governance, data governance closer cooperation on digital governance, and protecting critical technologies. regulation, and standard setting. The intensity Despite the positive intent, there are and scope of regulation of digital technologies diverging views on competition, content and activities such as artificial intelligence regulation, and AI and data governance that (AI) and data sharing have increased. Without need to be resolved. While both EU and US closer collaboration there is risk of further policymakers are increasingly concerned about regulatory fragmentation, which would impose the market power of large technology firms, unnecessary costs on businesses. Closer views on how to address this diverge across integration of the transatlantic digital economy the Atlantic. Whereas in the US competition would drive trade and innovation. Moreover, authorities are prioritising ex-post antitrust the EU and US should use their combined enforcement against individual companies, influence in this area to set standards globally, in the EU policymakers have moved to more based on transparency and shared values. prescriptive and all-encompassing ex-ante The new Trade and Technology Council rules for gatekeepers. US policymakers appear (TTC) that is being established by the disinclined to follow the EU’s approach of EU and US provides an opportunity to developing binding obligations on content strengthen collaboration in this area.16 The regulation for platforms. The US lacks a federal TTC and its working groups should seek to framework for data protection and has so facilitate trade and develop shared standards, far demonstrated a preference for voluntary establish a transatlantic dialogue on the rather than binding rules to govern AI use. responsibility of online platforms and other The EU and US digital marketplaces are large but have room to grow E-commerce sales, USD trillion, 2018 10 % of GDP 42 B2C B2B 8 6 4 66 17 22 2 84 32 0 US Japan China EU-4 Korea UK Source: Hamilton and Quinlan (2021), drawing on UNCTAD data. Note: EU-4 includes Germany, France, Italy and Spain. Link: http://www.wilsoncenter.org/sites/default/files/media/uploads/documents/TransatlanticEconomy2021_FullReportHR.pdf 16 See https://www.consilium.europa.eu/media/50443/eu-us-summit-joint-statement-15-june-final-final.pdf 24
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